Terms of service

This document is a public offer and a public agreement. In accordance with Articles 633 and 641 of the Civil Code of Ukraine, its terms are uniform for all Buyers, and the unconditional acceptance of these terms is considered as the acceptance of this offer by the Buyers. This agreement is an official public proposal by the Seller to conclude a contract for the ordering, purchase, sale, and delivery of products remotely via the Internet and contains a public offer (proposal) in the online store, which is located at: https://babusia.shop/.

According to Part 2 of Article 642 of the Civil Code of Ukraine, the fact of placing and/or paying for an order by the Buyer for products in the Seller's online store at https://babusia.shop/ under the terms of this public agreement (offer), within the periods and at prices specified in the Seller's online store, is the acceptance of this offer, which is equivalent to the conclusion of a public agreement on the ordering, purchase, sale, and delivery of products (hereinafter referred to as the "Agreement") on the terms set out below.

This public agreement is addressed to all individuals and legal entities wishing to purchase Products in the Seller's online store at https://babusia.shop/, as well as having the opportunity to receive such products.

Therefore, we ask you to carefully read the text of this Agreement, and if you do not agree with any of its terms or provisions, the Seller suggests that you refrain from purchasing the Products or performing any actions that may be regarded as acceptance of this offer.

1. Definitions of main terms

  • Acceptance: The Buyer's full, unconditional, and irrevocable consent to the conclusion of this Agreement in full, without the signature of a written copy of the Agreement by the Parties.

  • Order: A duly executed and placed request by the Buyer in the Online Store for the purchase of the Products selected by them in the Online Store.

  • Online Store: The Seller's website located at https://babusia.shop/ as well as the Seller's online store on the social network Instagram at https://www.instagram.com/the_babusia/, created to conclude contracts for the order, purchase, sale, and delivery of products, based on the Buyer's familiarization with the description and photographs of the products offered by the Seller. This format excludes the possibility of direct familiarization of the Buyer with the products and provides for an exclusively remote method of selling products.

  • Carrier Companies: A company or organization responsible for the physical transportation of products from one place to another by delivering products between branches or through targeted delivery.

  • Personal Account: A section of the Online Store that contains the history of the Buyer's orders placed in the Online Store and the personal information specified during registration. The Personal Account may also contain other information necessary to identify the Buyer and process orders, the extent of which is determined by the Seller independently.

  • Recipient of the Products: The Buyer or the person who, on behalf of the Buyer, actually receives the Products delivered by the Carrier Company.

  • Offer: A public offer of the Seller posted on the Online Store's page, addressed to an unlimited number of individuals and legal entities, inviting them to join the Public Agreement for the order, purchase, sale, and delivery of products, regarding the conclusion of an electronic contract for the sale of products under the terms determined by the Seller.

  • Buyer: A person who orders and/or reserves the Products using the technical tools of the Online Store and/or receives such Products.

  • Seller: Individual entrepreneur Tetiana Volodymyrivna Nesterenko, acting based on the Extract from the Unified State Register of Legal Entities, Individual Entrepreneurs, and Public Organizations (record number: 2000650000000074029, date of entry: 22.08.2023), registration number of the taxpayer’s account card: 3275717042.

  • Personal Data: Information or a set of information about an individual who is identified or can be specifically identified.

  • Public Contract: An agreement in which one party, an entrepreneur, undertakes to sell products to anyone who applies to it.

  • Product: Goods, images, and/or descriptions of which are posted in the Online Store.

  • Price: The payment amount set by the Seller as the cost of certain Products for the Buyer.

2. Subject of the agreement and general provisions

2.1. In accordance with the terms of this Agreement, the Seller undertakes to sell, deliver, and transfer to the Buyer the Products selected by the latter in accordance with the Order in the Online Store, and the Buyer undertakes to accept and pay for the Products in the manner and on the terms established by this Agreement.

2.2. The ownership of the Products shall be transferred to the Buyer at the time of delivery (transfer) of the Products and subject to full payment by the Buyer of the cost of the Products in the manner and on the terms established by this Agreement.

2.3. Information on the terms and procedure for ordering, purchasing, selling, and delivering the Products may be provided to the Buyer individually or posted in the Online Store.

2.4. The term of this Agreement is unlimited. Either Party may terminate it in the manner prescribed by this Agreement.

2.5. All amendments and additions to the Agreement shall be published on the relevant pages of the Seller's website at the link: https://babusia.shop/.

2.6. All terms of this Agreement shall be binding on both the Buyer and the Seller. The Buyer is obliged to familiarize themselves with the terms of this Agreement. The Seller is not obliged to additionally or in any other way inform the Buyer about the existence of the Agreement, except for its publication on the relevant pages of the Seller's website at the link: https://babusia.shop/.

2.7. Any of the following actions shall be deemed acceptance of this Agreement:

  • Registration/authorization of the Buyer on the website at the link: https://babusia.shop/, which expresses the intention of the Buyer to purchase the Products selected in the Online Store.

  • Direct placement of the Order by the Buyer.

  • Prepayment for the Products in the Online Store using the payment system offered by the Seller.

3. Procedure for concluding an agreement and placing an order

3.1. The Agreement is considered concluded without its further signing from the moment of registration/authorization on the website https://babusia.shop/ or placing an order for any Products available for Ordering in the Online Store and/or from the moment of prepayment for the Products, which indicates the Buyer's consent to comply with the terms of the Agreement, without signing a written copy by the Parties.

3.2. The Order may be placed by the Buyer by filling in the necessary information on the corresponding page of the Online Store in the order field.

3.3. In case of absence of the ordered Products, the Seller is obliged to inform the Buyer of such information by means of communication left by the Buyer when placing the Order.

3.4. In the absence of the ordered Products, the Buyer has the right to replace it with the Products of a similar model or cancel the Order by doing so in the Personal Account or by sending the Seller a corresponding request by available means of communication.

3.5. The Buyer has the right to cancel the Order before receiving the Products by doing so in the Personal Account or by sending the Seller a corresponding request by available means of communication.

3.6. The actions specified in clause 3.1 of the Agreement and performed by the Buyer are a confirmation of the full and unconditional acceptance of the Public Offer by the latter.

3.7. The agreement concluded by the Buyer by accepting the Public Offer shall be legally binding in accordance with Art. 642 of the Civil Code of Ukraine and shall be equivalent to a written agreement.

4. Rights and obligations of the parties

4.1. Seller’s Obligations:

4.1.1. To fulfill its obligations under this Agreement.
4.1.2. To ensure that the Products correspond to the description provided on the Website, within the natural differences typical for handmade products.
4.1.3. To transfer the Product to the Buyer’s ownership after receiving payment according to the terms of this Agreement.
4.1.4. To deliver the Product to the Buyer in accordance with the terms of this Agreement and other rules posted on the Website.
4.1.5. If the selected Product is out of stock, to inform the Buyer in time and offer alternative solutions.
4.1.6. To provide the Buyer with information about the Product, the order process, delivery, and returns.

4.2. Seller’s Rights:

4.2.1. To demand that the Buyer fulfill their obligations under this Agreement, including full and timely payment for the Product.
4.2.2. To refuse to process an Order in cases provided by this Agreement.
4.2.3. To make changes to this Agreement as specified by its terms.
4.2.4. To suspend or terminate access to the Website or certain functions of it due to technical or other reasons that prevent normal operation.

4.3. Buyer’s Obligations:

4.3.1. To provide accurate personal information necessary for placing and fulfilling the Order.
4.3.2. To read and understand the terms of this Agreement, information about the Products, payment, delivery, guarantees, and returns before placing the Order.
4.3.3. To pay for the Product on time according to the terms of this Agreement.
4.3.4. To accept the delivered Product and check its condition, completeness, and compliance with the Order upon receipt.
4.3.5. To use the purchased Product only for its intended purpose, following the rules for the use of Products as per their designation and the Seller’s recommendations.

4.4. Buyer’s Rights:

4.4.1. To receive full and accurate information about the Product, how to purchase it, delivery, guarantees, and returns.
4.4.2. To demand that the Seller fulfill the terms of this Agreement.
4.4.3. If the selected Product is out of stock, to choose one of the alternatives offered by the Seller.
4.4.4. To contact the Seller with any questions regarding the quality, delivery, or return of the Product.
4.4.5. To demand an exchange or return of the Product in accordance with the terms of this Agreement and the applicable laws of Ukraine.

5. Price and payment terms

5.1. The prices of the Products listed on the Website are stated in the national currency of Ukraine (hryvnia).

5.2. The price of each Product is set by the Seller on the corresponding page of the Website and is agreed upon by both Parties in the Order. The total price of the Agreement is calculated by adding the prices of all selected Products in the Order and the delivery cost, which depends on the chosen delivery method according to this Agreement and the Website's terms.

5.3. The Seller reserves the right to change Product prices at any time. However, price changes do not affect Orders that have already been placed and confirmed before the price update. An exception applies if the price on the Website was incorrectly listed due to technical issues or other errors. In such cases, the Seller is not obligated to sell the Product at the incorrect (lower) price and will notify the Buyer about the mistake. The Buyer may either:

  • Confirm the Order at the correct price;
  • Cancel the Order and receive a refund (if prepayment was made).

5.4. The Buyer must pay the full price of the Product in advance after placing the Order. Payment is made using the method specified in the Order.

5.5. The Buyer may pay for the Order using Visa, MasterCard, or other payment methods available on the Website. The Seller reserves the right to set restrictions on available payment methods.

5.6. Depending on the selected payment method, the transaction may be subject to additional conditions or limits set by the Buyer’s bank or payment system. The Seller is not responsible for such restrictions and advises the Buyer to check with their bank or payment provider for details.

5.7. If paying by card, the Buyer confirms they are the legal owner of the card. To ensure secure payments, the Seller uses standard security measures, including card data encryption. The Buyer confirms they have read and agree to the Website’s Privacy Policy and Cookie Policy.

5.8. If additional fees apply to the selected payment method (such as bank or payment system fees), the Buyer is responsible for covering them. By clicking the "Place Order" button, the Buyer acknowledges that they have been informed of possible extra charges and agree to the payment terms.

5.9. The Order is considered paid once the funds are credited to the Seller’s account. If the payment transaction fails, the Order will not be processed, and the Buyer must retry the payment or choose a different method.

6. Delivery terms

6.1. The delivery of Products may be carried out:

  • Within the territory of Ukraine;
  • Through international shipping.

6.2. Delivery is available throughout Ukraine, except for temporarily occupied territories and areas where Ukrainian government authorities are temporarily unable to exercise their powers.

6.3. The Seller arranges the delivery of Products to the address specified by the Buyer in the Order and may engage third parties (delivery services, courier services, or other persons) to fulfill the delivery.

6.4. The delivery cost is calculated separately and depends on the chosen delivery method. Information on delivery costs is available on the "Shipping policy" page of the Website.

6.5. Delivery times may vary depending on the Buyer's location and the selected delivery method. Estimated delivery times are indicated on the "Shipping policy" page of the Website.

6.6. The Buyer is required to check the integrity, completeness, and compliance of the Products with the Order upon receipt.

6.7. If the Buyer refuses to accept the Products or is absent at the specified delivery address, this will be considered as an initiation of contract termination. In such cases, the contract shall be deemed terminated by mutual agreement of the Parties, and the Seller agrees to refund the Buyer’s payment, taking into account clause 6.7 of this Agreement, within 14 calendar days from the date of return of the Products.

7. Return and exchange terms

7.1. The return and exchange of Products are carried out in accordance with the terms of this Agreement, the conditions set out in the "Refund Policy" section of the Website, and the provisions of the Ukrainian Law "On Consumer Protection". Before initiating the return or exchange procedure, the Buyer must familiarize themselves with the conditions outlined in the "Refund Policy" section of the Website.

7.2. The Buyer has the right to return or exchange Products of proper quality within fourteen days from the date of receipt of the Products. The Buyer is entitled to return or exchange Products in accordance with the current Ukrainian legislation on grounds for return or exchange, specifically the Cabinet of Ministers of Ukraine Resolution No. 172 dated March 19, 1994, which defines the List of Products of proper quality that are not subject to exchange (return), provided the Products have not been used and retain their commercial appearance, consumer properties, and labels.

7.3. The return and exchange of Products of proper quality are possible under the following conditions:

  • The Order was placed through the Website;
  • No more than 14 calendar days have passed since the Buyer received the Products;
  • The Products retain their commercial appearance, including the presence of all labels, tags, original packaging, and no signs of use;
  • The Products have not been used, washed, dry-cleaned, and do not show signs of damage, stains, odors, or other signs of use;
  • The Buyer provides proof of payment for the Products, the delivery document, and the fiscal receipt.

7.4. The Seller has the right to refuse the return/exchange of Products of proper quality if:

  • The requirements specified in clause 7.3 of this Agreement are not met;
  • The Products belong to the category not subject to return according to the Cabinet of Ministers of Ukraine Resolution No. 172 dated March 19, 1994, such as: corsets, gloves, socks, underwear, and bedding.

7.5. The Buyer bears the cost of returning Products of proper quality.

7.6. In case of identifying a substantial defect in the Products, the Buyer must notify the Seller via email at thebabusia@gmail.com or another method specified on the "Refund Policy" page of the Website, stating the reason for the return and describing the identified substantial defect in the Products. This notification must be submitted immediately after identifying the defect, but no later than 14 days from the receipt of the Products.

7.7. The Products are considered to be of improper quality if substantial defects arise as a result of manufacturing and prevent their normal use. The Products are not considered to be of improper quality if the defects arise from violations of the conditions of operation, storage, or use, or other actions by the Buyer that do not comply with the rules for proper use and care for the Products.

7.8. The Seller bears all costs for the return of Products of improper quality.

7.9. The refund for the Products will be made within 14 business days after the Products are received by the Seller and after checking their compliance with the requirements of this Agreement and the conditions outlined on the "Refund Policy" page of the Website. The refund period may be extended due to technical reasons beyond the Seller's control, such as delays in payment processing by the Buyer’s bank or payment systems. The Seller is not responsible for such delays.

8. Liability of the parties and dispute resolution

8.1. The Parties are liable for failure to perform or improper performance of the terms of this Agreement in accordance with the provisions of this Agreement and the current legislation of Ukraine.

8.2. The Seller is not liable for:

8.2.1. Minor differences in the color of the Products that may arise due to the features of color reproduction on the Buyer’s monitors or other devices;
8.2.2. The content and accuracy of the information provided by the Buyer during the Order placement;
8.2.3. Delays in processing the Order or delivering the Products caused by circumstances beyond the Seller’s control, including actions by third parties, force majeure, interruptions in payment systems or delivery services;
8.2.4. Interruptions in the functioning of payment systems through which the Orders are paid;
8.2.5. Actions or inactions of the Buyer, including the transfer of the Buyer’s network identifiers, access data, or other confidential information to third parties;
8.2.6. The quality of public communication channels and possible disruptions in the data transmission network, including the global Internet network, through which access to the Website is provided.

8.3. The Buyer is responsible for the accuracy of the data provided during the Order placement.

8.4. Any claims or complaints from the Buyer must be made in writing and sent to the Seller’s email address at thebabusia@gmail.com. The Seller commits to consider such appeals within 14 business days and take necessary measures to resolve them if they are justified and comply with the current legislation of Ukraine.

8.5. In case of disputes that cannot be resolved through negotiations, they shall be resolved in the competent court of Ukraine in accordance with the current legislation.

9. Force Majeure and Liability Relief

9.1. The Parties shall be released from liability for failure to perform or improper performance of their obligations under this Agreement if they prove that such failure was due to force majeure circumstances. Force majeure circumstances are events or situations that are beyond the control of the Parties, are unforeseeable, unavoidable, and occurred after the conclusion of this Agreement.

9.2. Force majeure circumstances include, but are not limited to, natural disasters such as earthquakes, floods, hurricanes, landslides, or other natural calamities, technological accidents, including explosions, fires, freezing, or failures in energy systems. Military actions, declared or undeclared wars, uprisings, terrorist acts, strikes, civil unrest, embargoes, or other actions by government authorities that directly or indirectly affect the performance of obligations under this Agreement are also considered force majeure circumstances.

9.3. The Party affected by force majeure circumstances is obliged to immediately, but no later than 5 (five) calendar days from the occurrence of such circumstances, notify the other Party in writing about the occurrence of such circumstances. A certificate from the Chamber of Commerce and Industry of Ukraine shall serve as proper confirmation of the existence of force majeure circumstances.

9.4. During the force majeure circumstances, the deadlines for performing obligations under this Agreement shall be suspended until such circumstances cease.

9.5. If the force majeure circumstances last for more than 60 (sixty) calendar days, either Party has the right to initiate the termination of this Agreement. In this case, the Agreement is considered terminated from the moment the relevant notification is received, unless the Parties have agreed on other terms.

10. Other terms

10.1. All materials posted on the Website are the intellectual property of the Seller or other rights holders and are protected by the current legislation of Ukraine. The use of these materials, including copying, publishing, distributing, modifying, or any other use, is only possible with the prior written consent of the Seller or the relevant rights holder.

10.2. The information provided by the Buyer in connection with the conclusion and performance of the Agreement is confidential. Information about the Buyer is used solely for the purpose of fulfilling their Order and ensuring proper service.

10.3. The Buyer voluntarily gives the Seller consent to collect and process their personal data for the purpose of processing orders for the purchase of products, receiving information about the order, sending telecommunication communications (email, mobile communication) with advertising and special offers, information about promotions, raffles, or any other information about the Website's activities.

10.4. The Buyer grants the right to process their personal data, including: placing personal data in databases (without additional notification), trusted storage of data, accumulation, updating, modification (if necessary). The Seller undertakes to ensure the protection of data from unauthorized third-party access, not to disclose or transfer data to any third party (except for the transfer of data to related entities, commercial partners, persons authorized by the Seller to directly process data for the specified purposes, as well as to a competent state authority upon mandatory request).